(10) These factually intensive inquiries necessarily call into question what constitutes employees' "work," a term defined neither by the FLSA nor the Portal-to-Portal Act.
Consider the example provided by the Portal-to-Portal Act of 1947.
As a result, the activity was considered "postliminary" to the employee's job and not compensable under the Portal-to-Portal Act.
The Portal-to-Portal Act continues to provide that the exception will not apply if the activity is considered hours worked according to the express provisions of a written or unwritten contract between the employer and the employees' collective bargaining representative, or if the time is treated as hours worked according to custom or practice at the employees' worksite.
Global Messaging Center now enables all parties working together to communicate with each other at both a global and property level, without leaving the RES.NET system, which allows for portal-to-portal
messages to be sent, received and stored within all RES.NET portals.
The 7th Circuit affirmed the decision, finding that Kellar's preshift activities were "integral and indispensable" to her work, and not "preliminary," thereby negating protection under the Portal-to-Portal
Act portion of the FLSA.
The controversy addressed by the Court in IBP concerned the interpretation of [section] 4 of the Portal-to-Portal Act, the statutory response to what Congress considered an expansive judicial interpretation of compensable "work" under the FLSA.
Congress believed that such a broad interpretation of compensable time imposed "wholly unexpected liabilities, immense in amount" (4) upon employers and, in response, enacted the Portal-to-Portal Act of 1947 to more specifically define compensable work under the FLSA.
Against this background, it is necessary to turn to the regulations in 29 CFR Part 785, as well as the Portal-to-Portal Act (29 USC section 251 et seq.).
[(29 USC section 254(a); note that the Portal-to-Portal Act does not exclude these activities from hours worked.
privileges are provided to companies that are recognized by Canada as bona fide events.